On Christmas Eve, the EU and UK announced that a Trade and Cooperation Agreement (TCA) had been finalised. With it, came a sigh of relief from data protection practitioners everywhere. This is because the TCA provides an extension
Data Transfer
COVID tracing & AI: Physically distant, socially together

As the second wave of COVID-19 spreads across Canada, the use of COVID-19 tracing apps is on the rise. For example, the Government of Canada released COVID Alert–an app using Bluetooth technology to help people report positive diagnoses, and…
European data export bonanza: revised SCCs and EDPB Schrems II guidance published
On 12 November, the European Commission published revised Standard Contractual Clauses (SCCs) and a draft implementing decision. A feedback period on the draft documents will run until 10 December. Therefore, it is not possible to give a precise date…
Two new CJEU judgments further tighten limits of government surveillance – significant for impending UK adequacy decision and “Schrems II country assessments”

On 6 October 2020, the Court of Justice of the European Union (CJEU) published two decisions that further define the permitted scope of governmental access to personal data.
These decisions are relevant in two key areas:
- Complying with
…
Schrems II: recent developments – waiting is harder

In the immediate aftermath of the Schrems II judgement, Bruno Gencarelli (Head of the International data flows and protection unit at the European Commission) said that “Schrems II is data transfers from theory to practice”. There have been several…
An “enhanced” Privacy Shield is being negotiated – third time a charm?

On 10 August, the European Commission and the US Department of Commerce confirmed that talks have begun between the EU and US for an “enhanced” Privacy Shield.
This will be the third attempt to revise this framework, following the invalidation…
Schrems II landmark ruling: our recommendations
On 16 July 2020, the Court of Justice of the European Union (CJEU) published its decision in the landmark case Data Protection Commissioner v Facebook Ireland Ltd, Maximilian Schrems and intervening parties, Case C-311/18 (known as the Schrems …
Schrems II: The US Perspective and where do we go from here?


Schrems II calls into question all transfers of personal information out of the EU that involve export to a country without an adequacy finding. While this affects countries in every region of the world, it does have particular ramifications for…